DiCarlo v. Cooney

VAN der VOORT, Judge:

By deed dated March 11, 1963, E. Boyd and Ethel L. Baumgardner conveyed 1.041 acres of ground located in Adams Township, Cambria County, to Thomas J. DiCarlo and Anna Mae DiCarlo, appellees in the case before us. The deed contained the following provision: “It is further under stood and agreed between the parties hereto that the Grantors, their heirs and assigns, shall not convey any other property owned by them, of which this is a part, for use as a gasoline service station.” On November 15, 1976, the widow of E. Boyd Baumgardner conveyed an addition 103 acres to Sally…